Married and now suspected of contract marriage-What can be done now?
Married and now suspected of contract marriage-What can be done now?
Love knows no limits. Work permits and residence permits in Austria do.
If Europeans want to live in Austria with their foreign partners, it can become a complicated matter.
In Europe it is often very difficult to get a work permit for third-country nationals. Out of desperation, many couples therefore resort to the apparently easiest solution: they are married for the purpose of residence.
But that can also backfire, as marriage is usually just the beginning of a Kafkaesque bureaucracy that can charge towards you.
For many couples it is already unclear where an initial application of the spouse can be submitted. The typical process is that the application has to submitted in the home country of the third-country national - in the Austrian embassy - and cannot be submitted in Austria.
The authority then examines whether the marriage is a contract marriage or not (since the introduction of the Aliens Law Set in 2005, the contract marriage has been referred to as a “residence marriage”). In the course of the review, uncomfortable questions are sometimes asked; including those about intimate private life.
What this wording of the law means, is that an effective family life in the context of Art 8 EMRK has to be observed.
When does a contract marriage take place ?
The provisions concerning contract marriages are found in the Residence Law (RL).
According to the law: „Spouses or civil unions that do not constitute family life according to , Art. 8 EMRK., cannot ground the issuance and retention of their residence permits on their marriage or civil union.
What this wording of the law means, is that an effective family life in the context of Art 8 EMRK has to be observed.
If this condition is not met, then a contract marriage takes place.
When does mutual family life take place ?
A big emphasis is placed on joint household of the spousal parnters. If this is not the case, the authority assumes a contract marriage is taking place.
Even when a wedding is a strong argument for a residence permit, marriage is only the first step of many actions that still need to be taken to secure permanent residence in Austria.
Does marriage alone get someone a visa?
Oftentimes the mistake the many clients make, is that marriage automatically translates to a residence permit.
This is definitely wrong..
Even when a wedding is a strong argument for a residence permit, marriage is only the first step of many actions that still need to be taken to secure permanent residence in Austria.
These requirements are in place for third country national spouses:
- The Austrian, i.e. Austrian spouse has to prove that he receives a base income for himself.
-The foreign spouse has to complete an A1-Level German Exam. When these conditions are met, then the spousal partner, can stay for 12 months.
This clears the first hurdle. From this point in time the foreign spouse is allowed to pursue employment in Austria.
After the first year the extension of the residence permit has to applied for, which is then valid for one year.
At latest, before the year finishes, the third country national spouse has to complete an A2-Level German Exam.
If the German exam is completed the residence permit is issued for three more years. In sum, that makes five years-much bureaucracy and administrative appointments.
But this is still not the end.
After these five years, again a German Exam at B1 Level has to be completed.
Then, and only then, can the residence permit be renewed for ten years.
What are the consequences of a contract marriage?
As mentioned before, a contract marriage happens, when their is no current, joint houshold.
In this case it is assumed that the marriage was established only to receive a residence permit.
The consequences can be quite drastic:
A residence ban for up to five years can be imposed.
Please note:
A contract marriage can also occur subsequently, i.e., when the joint household has been dissolved. The marriage title becomes irrelevant.
Alos in case of pending divorce proceeding- when a joint household is abolished-a residence permit can be revoked.
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Are you facing the dilemma of being accused of having a contract marriage and you do not know what to do next?
Then you are in a hairy situation that requires prompt and correct actions. As an expert lawyer in Alien Law such problems are not...foreign.
I have helped countless clients to obtain valid residence permits in Austria.
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